Justice Research Articles

Уголовно-правовые меры специальной профилактики насильственных посягательств и их реализация полицией при межотраслевой конкуренции права

Introduction. The article deals with the issues of effectiveness of one of the directions of police activity in the sphere of special prevention of offences – the suppression of the most dangerous violent encroachments, infliction of harm when apprehending a person having committed a crime, through the use of physical force, special means and firearms by police officers. The lack of consistency in legal regulation, in particular, in the conditions of legality of necessary defence in the Criminal Code of the Russian Federation and the Federal Law of 7 February 2011 No.3 “On Police”, leads to interbranch competition of non-contradictory norms of different branches of law, regulating analogous social relations in the sphere of protection of a person and the rights of the defeated or other persons, but with a different degree of specification of the legal prescription. In a number of cases, the current situation leads to a decrease in the effectiveness of the protection of an individual from violent encroachments, the appearance of possible negative consequences for the personal safety of an official himself protected by the state from legal injustice and court errors. Methods and Results. Based on the ideas on the dialectical connection between the state policy in the sphere of counteraction to crime and criminal law, the author critically assesses the system of legal regulation of the use of measures of special prevention of violent offences on the example of the use of firearms by police officers in the situation of necessary defence. With the use of axiological, logical-legal methods and content analysis the author’s variant of comprehensive approach to improving the mechanism of counteraction to violent offences through criminal-legal measures is given. This author’s alternative is brought for discussion by specialists of criminal-legal profile.

Customer’s social cognition in service recovery satisfaction with human vs robot agent

Purpose Service failures evoke negative customer emotions, which human agents respond to through emotional labor. In turn, customers empathize with the human agent, providing a satisfying service recovery experience. However, robot agents could replace human agents and replicate emotional labor strategies. This study addresses whether customers empathize with apologetic robot agents and how it would affect the service recovery experience. Design/methodology/approach Drawing on emotional labor, social cognition and justice theory, two online scenario-based experiments (N1 = 411; N2 = 253) were designed in which customers watched a video simulating an interaction with a human or a robot agent during a service recovery procedure. Findings Study 1 shows that robot agents handle emotionally driven service recovery interactions and prompt desirable postrecovery behaviors (e.g. brand loyalty). Study 2 identifies customers’ empathy and compassion as mediators, explaining the effect of normative empathic display on customers' perceptions of interactional justice and behavioral intentions. Practical implications Robot agents are reliable substitutes for human agents in handling service recovery procedures. Customers can empathize with robot agents, leading to satisfying service experiences. Originality/value This study demonstrates customers’ capacity to empathize with robot agents during a service recovery procedure. It is also the first application in service research of the EmpaToM experimental procedure from social neuroscience to explore the social cognition dynamic between customers and service agents at the service encounter.

Reconciliation as practice of universality

A new concept of reconciliation practices is developed by using the liberal theory of justice by John Rawls. In this perspective, reconciliation appears as a prerequisite of justice, denoting and rearraging the limits of any given community of justice. By drawing on examples in the fields of the restitution of looted art, the inclusion of handicapped people, religions in urban contexts and environmental ethics, practices of reconciliation are shown to be ambigous and incomplete in time, extent, depth and unconditionality. This observation leads to a theological interpretation of reconciliation as an eschatological concept that is proposed to interpret current major issues of justice and reconciliation.

Legal Status of Adopted Children on Parents' Inheritance Based on Islamic Law and Civil Law (Case Study of Decision Number: 113/K/PDT/2019)

The legal consequences of the adoption event are regarding the status of the adopted child as the heir of his adoptive parents, such a status often causes problems in the family. The issues that often arise in the event of a lawsuit are usually related to the legality of the adoption of the child, as well as the position of the adopted child as the heir of his adoptive parents. Adopted children also have the right to guarantee the protection of their rights so that they can live their lives, participate optimally, and get protection from violence and/or different treatments. As for the reality, sometimes adopted children are still considered not part of the family and in the end, the rights of adopted children are ignored. This does not rule out the possibility of problems such as in terms of the distribution of inheritance, because it considers that the adopted child is not the heir of the parent who adopted him. In this study, the author also used Decision Study Number: 113/K/Pdt/2019. The theories used in the research are the theory of legal certainty, the theory of legal justice and the theory of legal protection. The research method used by the author is a normative research method. SW is not entitled to LTJ's inheritance because of his position as only a foster child based on the Deed of Child Handover Number 2. Foster children in terms of inheritance are not entitled to inheritance because their position is different from the position of the adopted child. A foster child is considered a third person who is not included in the class of heirs who are entitled to inheritance according to the law. An adopted child can get property from his adoptive parents through a will. The amount of this will is determined not to exceed 1/3 of the inheritance.

A cross‐cultural test of competing hypotheses about system justification using data from 42 nations

AbstractSystem justification theory (SJT) is a thriving field of research, wherein the primary questions revolve around why individuals and groups are motivated to see the systems they depend on as just, fair, and legitimate. This article seeks to answer how accurate the postulates of SJT are when compared to competing self‐interest claims of social identity and social dominance theory. We addressed the ongoing debates among proponents of each theory by identifying who, when, and why individuals decide to system‐justify. We used data comprised of 24,009 participants nested within 42 countries. Multilevel models largely supported the competing claims of social dominance and social identity theories over SJT. The most robust findings were: (1) greater objective socioeconomic status (SES) was associated with greater system justification; (2) the consistent positive relationship between subjective SES and system justification was partially mediated by life satisfaction; and (3) both ends of the political spectrum were willing to system‐justify more when the political party they favored was in power. The results presented are used to discuss both the current state and the future directions for system justification research.

All's fair in love & war; except when that unfairness leaves domestic violence victims to pay the price

AbstractDivorces are an emotional battlefield requiring both parties to go to war over their fair share. With the addition of New York's ‘no‐fault’ divorce, the process was supposed to alleviate spousal disputes and help those who did not want to relive the trauma that got them there. Nevertheless, one group left behind through that reform is domestic violence victims. This Note explores the ramifications of courts not being required to consider a finding of domestic abuse during equitable distribution and proposes to amend the current pathways to clear the way for financial relief for victims looking to divorce their abusers.

Civil procedural obligations of parties in legal proceedings

Civil procedural duties are elements of the civil procedural status of persons participating in legal proceedings. The nature of civil procedural obligations of the parties is determined by the nature of civil procedural relations. The civil procedural duty of the party is a measure of the necessary behavior of the participants in the civil process, which is designed to ensure the implementation of certain procedural actions or refrain from their implementation for the protection of rights and legal interests and to guarantee a fair, impartial, timely consideration and resolution of a civil case. The signs of civil procedural obligations of the parties include: 1) is an element of the procedural status of a person; 2) normatively defined in the provisions of civil procedural legislation; 3) aimed at protecting rights and legitimate interests; 3) are individual (applies to the parties or the plaintiff or defendant separately) or general (applies to all participants in the case); 4) aimed at ensuring effective civil justice. The civil procedural obligations of the parties in a lawsuit can be grouped according to several criteria. First, these are general duties that belong to all participants in the case. For the participants in the case, the civil procedural legislation establishes uniform limits of procedural rights and obligations. Special civil procedural duties are duties that are inherent only to the parties or individually to the plaintiff or defendant. An important place in the formation of the content of the procedural obligations of the parties belongs to the general principles of civil proceedings. Understanding this connection allows for a deeper understanding of the meaning of each duty and ensures the effectiveness of civil proceedings. The consequences of non-fulfillment of civil procedural obligations by the parties are defined in the civil procedural legislation. These are: application of measures of procedural coercion; bringing to legal liability; consideration of the case in the absence of the relevant party to the case; leaving a complaint, application, request without consideration or their return.

Identifying the main areas of study of constitutional principles of civil proceedings

The article is devoted to the study of the main areas of research on the constitutional principles of civil proceedings. The researcher addresses the issue more comprehensively and provides some factors that may affect the course of the study. The author analyses the areas which influence the study of the constitutional principles of civil justice. In particular, the author emphasises the trend towards the fundamentalisation of human rights and freedoms. It should be noted that they began to form most clearly immediately after the end of the Second World War when the former liberal ideas underlying the existing legal order were replaced by new values, which became human rights and freedoms. The author proves that only democratic legal procedures and respect for human rights and liberties can be the basis for the activities of modern states and be applied to the judiciary and civil proceedings. The author suggests that numerous international legal documents reflecting the state of development, changes and consolidation of human rights and freedoms, in particular, those which form the model of civil proceedings, are a promising area for analysis. The author argues that the legal phenomenon of the rule of law has a more significant impact than the legislator gives it. The author explains its defining and essential importance for the system of principles, which is a necessary direction for studying the constitutional principles of civil justice. In addition, the author believes that the stage of reform and adaptation which Ukrainian legislation is undergoing as part of its approximation to the EU legislation is important as one of the next areas of research. The impact of constitutional provisions on justice is also significant. The article examines the impact of the Constitution of Ukraine on sectoral legislation and its significance for establishing the scope of civil justice. The article analyses the importance of the rule of law for legislative and law enforcement activities. The author proves the necessity of referring to the category of a system of principles because of their legislative consolidation. The author focuses on the importance of developing clear criteria for classifying a provision as a principle of civil procedure. The author emphasises the need for critical analysis and study of judicial practice to research the constitutional principles of civil procedure.

An Analysis of the Theory of Justice against the Standard of Proof Beyond Reasonable Doubt in the Judge's Decision in the Jessica Kumala Wongso Case

This research aims to find out the theory of justice that can be used by judges in proving criminal cases in Indonesia and the use of the theory of justice in the standard of proof beyond reasonable doubt in the judge's decision in the Jessica Kumala Wongso case. This research uses normative legal research methods with legal philosophy, legislation and conceptual approaches. The data source used is secondary data consisting of primary legal materials and secondary legal materials analyzed qualitatively with deductive inference, starting with general principles and concepts about the theory of justice and the standard of proof beyond reasonable doubt, the analysis moves towards specific propositions to determine the value of justice and the relevance of this standard in the judge's decision in the Jessica Kumala Wongso case. The study found that Gustav Radbruch's theory of justice can be applied by judges in Indonesian criminal cases, using six evidentiary parameters: theory of evidence, minimum evidence, evidence, presentation of evidence, burden of proof, and strength of proof. These parameters reflect Radbruch's legal values of justice, purpose, and legal certainty. Judges using Radbruch's theory prioritize justice, followed by purpose and legal certainty. In Jessica's case, despite doubts about the evidence, the judges found her guilty beyond a reasonable doubt, aligning with Radbruch's principle that justice should take precedence in the standard of proof.

Страна-цивилизация и Русский мир: конституционно-правовые вопросы

Historical and philosophical views on Russia as a country-civilization and the Russian world, which do not differ in uniformity, currently do not have a theoretical and legal justification and legal mechanisms for implementation. In the combination of “I am Society — State — Law — Civilization”, the first four actors are the most mobile quantities, they can change places according to the degree of influence on each other and on Civilization as a whole, and the latter, being a composite alloy of their functioning, seems to be a kind of constant and guarantee of the existence and development of the country. The author sees the Russian world as a self-identifying non-state international cultural and linguistic state of the personality and peoples of multinational Russia, as well as citizens of other states that voluntarily recognize it. From the position of constitutional (state) law, it is assumed that the role of the state and the various structural elements of the country-civilization and the Russian world will be differentiated, giving it a new set of responsibilities to participate in their provision.

Toward a Conceptual Framework of Arts Justice – A Normative Turn in the Sociology of Arts Inequalities

This paper introduces a theoretical framework for studying justice in the field of one of the most common leisure activities – arts and cultural engagement – which we term “arts justice.” We consider three forms of arts engagement: consumption, creation, and education. We develop the notion of arts justice as an expression of social justice, characterized by the unique ways art is embedded in social life. The proposed framework builds upon two theories of justice. Sen and Nussbaum’s capabilities approach highlights the observable and hidden dimensions of arts engagement, focusing on people’s actions and the conditions that facilitate or restrict them. Fraser’s perspectival dualism approach complements the capabilities approach by differentiating between distributive and recognitive levels of justice related to arts engagement. Combining both approaches, we construct a holistic model of justice for the domains of art and culture and demonstrate its application in the context of leisure arts consumption.

The meaning of obstetric violence experiences: A qualitative content analysis of the Break the Silence Campaign

BackgroundObstetric violence involves the mistreatment, disrespect, and abuse of birthing people and the problem has been recognized in healthcare systems worldwide. Obstetric violence is a gendered, sex-specific form of violence against women that is a public health problem and a violation of human rights. There are an unknowable number of online posts and social media messages that describe obstetric violence experiences. There are no known studies about self-published experiences of obstetric violence in the US maternity care system. ObjectiveTo understand the meaning of obstetric violence experiences in the US maternity care system from a naturally occurring, purposive sample. DesignA secondary analysis of the textual data from the original Break the Silence social media campaign using qualitative content analysis. The theory of social justice in nursing provided a theoretical framework. A healthcare systems approach was used for a wide-angle view of the multidirectional structure, processes, and outcome of obstetric violence. SettingThe study setting is the public Facebook page where the Break the Silence social media campaign can be seen. Break the Silence was an online activism response to the problem of obstetric violence in the US maternity care system with signboard messages posted from 31 known US states. The setting is bounded by the digital page where the campaign is published. ParticipantsThere were 139 participants, and 11 of them posted more than one signboard message. Most participants were birthing people (n = 125) followed by doulas (n = 10). MethodsKrippendorff's methodology for qualitative content analysis was applied to 156 signboard messages posted on Break the Silence from 2014 to 2016. Qualitative content analysis was supported by Atlas.ti 23. ResultsFour themes illustrated the meaning of obstetric violence in US maternity care: 1) pregnancy and birth as a battle with healthcare providers and the healthcare system, 2) sacrifice of the maternal body normalized and assumed as a gender stereotype, 3) disrupted rites of passage from childbirth, and 4) abuse of fiduciary power by healthcare providers. ConclusionsThis study demonstrated thematic meanings for the experience of obstetric violence in US maternity care with a healthcare systems approach that included structural and organizational considerations to increase understanding. Categories and forms of obstetric violence from the existing literature were expanded and strengthened by findings from this study. Themes were validated in principle with consistency in findings across the international evidence base on obstetric violence.Tweetable abstract: The meaning of #obstetricviolence experiences is interpersonal and structural with thematic consistency across international studies.

The Opinio Juris and Opinio Moris in the Anglo-American Interventions During the Greek Civil War: An Archival Study of Legal Narratives

Abstract This article investigates the British and American interventions in Greece during the Greek Civil War, examining their legal and moral justifications. Using archival documents, the study uncovers two primary layers of discourse: the official diplomatic language of opinio juris (conviction of legality) and opinio moris (conviction of morality), alongside the covert political interests that drove these interventions. The research argues that British and American actions were primarily motivated by a ‘conviction of interest,’ with legal and moral narratives used tactically to justify their interventions. The archival materials reveal a notable lack of empathy and understanding from British and American officials regarding the trauma endured by the Greek populace due to the German occupation and collaborationist violence. Additionally, there was a significant neglect of the will of the Greek people. The study critically examines the Caserta and Civil Affairs Agreements, which provided a legal basis for British intervention, arguing that these agreements, when viewed in light of the Vienna Convention on the Law of Treaties, fail to justify the extent of foreign interference, thus questioning the authenticity of Greek consent. The article also explores the transition from British to American dominance in Greek affairs. As Britain faced economic constraints after the end of WWII, it ceded its role to the U.S., leading to the formulation of the Truman Doctrine and the implementation of the Marshall Plan. The U.S. intervention is analyzed through legal and geopolitical lenses, revealing a strategic focus on preventing communist expansion rather than providing purely legal or moral support for Greece’s recovery. Similar to British actions, American involvement often overlooked the political situation and the will of the Greek people, thereby contributing to prolonged instability.

Promotion of Self-employment: Manager Justifications for Online Labor Platform Operations

The emergence of online labor platforms (OLPs) has raised concerns about the treatment of platform workers and the legality of OLPs’ contractual relations and control. This study examines how managers (CEOs/founders) justify OLPs’ contractual relations and market control within the frames of critical platform work discussions and the Finnish labor market model. By using justification theory and market control classification as analytical tools, this qualitative study reveals that managers justify OLPs’ control and contractual relations by referring to critical discussions and features of Finnish labor market model. In justifications, managers either adopt the normative features of the model or criticize the societal neglect of self-employed workers. The model’s emphasis on full-time employment and legal questions around the platform economy seems to challenge the legitimacy of all OLP companies on some level. Despite OLPs’ operational differences, all managers justify OLPs with the idea of promoting self-employment within the Finnishlabor market.

Justification, normalcy and randomness

AbstractSome random processes, like a series of coin flips, can produce outcomes that seem particularly remarkable or striking. This paper explores an epistemic puzzle that arises when thinking about these outcomes and asking what, if anything, we can justifiably believe about them. The puzzle has no obvious solution, and any theory of epistemic justification will need to contend with it sooner or later. The puzzle proves especially useful for bringing out the differences between three prominent theories; the probabilist theory, the normic theory and a theory recently defended by Goodman and Salow.

Legal Studies of Village-Owned Enterprises as Legal Entities for the Prosperity of Village Communities

A business entity established and owned by a village is designed to support the community in meeting their daily needs, enhancing their knowledge, and providing business and employment opportunities. This requires an institution capable of managing these activities effectively. The institution in question must be able to generate profits because the potential within a village is intended to promote the welfare of the local community. This study examines village institutions functioning as economic entities, commonly known as Village-Owned Enterprises (BUMDes). The study also explores the legal status of these entities and their role in implementing programs aimed at building a prosperous society. The research findings confirm that BUMDes, as regulated by Government Regulation Number 11 of 2021 and the Regulation of the Minister of Villages, Development of Disadvantaged Regions, and Transmigration Number 3 of 2021, have legal entity status. This means that these institutions are recognized and regulated by law, allowing them to engage in business activities legally, while also being responsible for adhering to applicable laws and regulations. The village government wholly owns these business institutions, and their mission is to manage and develop the village's economic potential. Additionally, BUMDes are intended to create jobs, enabling village communities to meet their basic needs, increase their income, and advance the local economy. The legal framework governing these institutions must be a focus for stakeholders to ensure the creation of legal justice, certainty, and benefits.

Role of Ultrasonography in the Diagnosis of Acute Appendicitis

Introduction: Acute appendicitis is still prevalent as a major surgical emergency. Due to the fast progress of the ailment, surgery is often the most sensible approach to manage it. But any surgery comes with its fair share of risk. If the diagnosis of the disease can be made more accurate prior to surgery, the error rate of negative appendectomy can be greatly reduced. Aim of the study: The aim of the study was to evaluate the role of ultrasonography in the diagnosing acute appendicitis. Methods: This prospective cross-sectional study was conducted at the Institute of Nuclear Medicine & Allied Sciences (INMAS), Rangpur with Department of Surgery & Department of Pathology of Rangpur Medical College Hospital, Rangpur, Bangladesh. The study duration was 02 years, from 01January 2022 to 31 December 2023. A total of 100 cases were selected from those patients were come for ultrasound examination, send from the hospital with pain in the right lower quadrant of the abdomen for the purpose of this study. Result: Among the 100 participants of the study, histopathological diagnosis showed that 86% were acute appendicitis cases and 14% had normal appendicitis. Gender or age had no significant association with histopathological diagnosis, but male prevalence was observed in the study, with a high prevalence of young adults. The original site of pain was periumbilical pain shifted to the right iliac fossa for half the participants. Pain duration was between 18-24 hours for 36% of the cases. All participants presented with pain, fever, anorexia, and nausea had a high prevalence among participants. The sensitivity and specificity of high-resolution ultra-sonogram were 84.9% and 85.7% respectively. Conclusion: Appendicitis is a disease of the young, and can occur in participants of both genders. Histopathological diagnosis has no significant association with patient age or gender. Ultra-sonogram has high sensitivity and specificity ratio in diagnosing acute appendicitis and also h

Effects of system-sanctioned framing on climate awareness and environmental action in the United States and beyond

Despite growing scientific alarm about anthropogenic climate change, the world is not on track to solve the crisis. Inaction may be partially explained by skepticism about climate change and resistance to proenvironmental policies from people who are motivated to maintain the status quo (i.e., conservative-rightists). Therefore, practical interventions are needed. In the present research program, we tested an experimental manipulation derived from system justification theory in which proenvironmental initiatives were framed as patriotic and necessary to maintain the American “way of life.” In a large, nationally representative U.S. sample, we found that the system-sanctioned change intervention successfully increased liberal-leftists’ as well as conservative-rightists’ belief in climate change; support for proenvironmental policies; and willingness to share climate information on social media. Similar messages were effective in an aggregated analysis involving 63 countries, although the overall effect sizes were small. More granular exploratory analyses at the country level revealed that while the intervention was moderately successful in some countries (e.g., Brazil, France, Israel), it backfired in others (Germany, Belgium, Russia). Across the three outcome variables, the effects of the intervention were consistent and pronounced in the United States, in support of the hypothesis that system justification motivation can be harnessed on behalf of social change. Potential explanations for divergent country-level effects are discussed. The system-sanctioned change intervention holds considerable promise for policymakers and communicators seeking to increase climate awareness and action.

Fuel Subsidy and Education Sector Financing in Nigeria: A Short-run Adjustment to Equilibrium Approach

This study examined the impact of fuel subsidy on education sector financing in Nigeria from 1990 through 2023. Annual data were obtained from the Nigeria Petroleum Corporation and World Development Indicators, (WDI) on variables such as fuel subsidy, government expenditure on education sector, Oil Revenue, pump price of Premium Motor Spirit and secondary school enrolment in Nigeria. A bound cointegration test and ECM were employed. Granger test for causality was also used to ascertain the direction of causation in the series. The estimated error correction term, ECT (-1) is significant. There is no causal relationship from fuel subsidy to education sector financing. However, education sector financing granger causes fuel subsidy. Premium Motor Spirit and education sector financing were found to granger-cause each other. The study recommends that government should ensure that fuel subsidy is not allowed to deprive education of its fair share of government spending, given that current spending on the sector has been established to have implication for the sectors growth in the future years.

THE UNSEEN GUARDIANS OF LAND: INDIGENOUS COMMUNITIES, ENVIRONMENTAL LAW AND THE PATHWAY TO SUSTAINABLE COEXISTENCE

Indigenous communities have since long been stewards of the land, possessing a deep understanding of their local ecosystems and practicing sustainable ways of resource management. However, their role as unseen guardians of the environment is often overlooked by mainstream society. This article delves into the crucial role of indigenous communities in environmental stewardship and explores how integrating indigenous knowledge with contemporary environmental law can pave the way for sustainable coexistence between humans and nature. Key legal instruments, such as the International Labour Organization (ILO) Convention No. 169 and the United Nations Declaration on the Rights of Indigenous people (UNDRIP), recognize Indigenous rights, yet inconsistent implementation continues to pose challenges. This paper examines the global significance of Indigenous-managed lands, which cover 22% of the Earth’s surface, and how international agreements, like the Paris Climate Accord, acknowledge their contribution to environmental preservation. National legal frameworks, such as India’s Forest Rights Act (FRA), 2006, and the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996, highlight both opportunities and obstacles for Indigenous communities in protecting their lands. Case studies from Yellowstone National Park (USA), the Amazon Rainforest (Brazil), and the Great Bear Rainforest (Canada) are explored to demonstrate the successes and ongoing struggles in collaborative conservation initiatives. The paper argues that environmental laws must respect Indigenous sovereignty, safeguard their traditional lands, and incorporate Indigenous knowledge systems. By emphasizing the importance of legal reforms and environmental justice, this research advocates for inclusive decision-making processes that ensure Indigenous communities can actively participate in sustainable coexistence efforts. Overall, the paper concludes that empowering Indigenous communities through stronger legal protections and collaborative conservation strategies is crucial for both environmental sustainability and cultural preservation.